MAHENDRA ENGINEERING WORKS Vs. RAM PRAKASH KAPOOR
LAWS(ALL)-2012-9-332
HIGH COURT OF ALLAHABAD
Decided on September 17,2012

MAHENDRA ENGINEERING WORKS Appellant
VERSUS
Ram Prakash Kapoor Respondents

JUDGEMENT

Prakash Krishna, J. - (1.) This is an application to recall the order dated 27.7.2012. The case has a chequered history. The background facts are in brief.
(2.) A SCC suit No.19 of 1994 for arrears of rent and ejectment was instituted against the present applicant by the landlord. The said suit after contest was decreed by the judgment and decree dated 16th of November, 1996 by XIIth Additional District Judge, Kanpur. Challenging the aforesaid order, the present revision bearing defective no.75 of 1996 was filed. The revision has been allotted regular no. 538 of 2001. The revision was dismissed in default on 17th of April, 2007 but was restored subsequently by order dated 23rd of May, 2007.
(3.) Thereafter, the revision was listed for final hearing but none appeared to press the revision and was dismissed in default by the following order on 6th November, 2008:- "This is a civil revision of the year 2001. The final hearing cause list has been revised. Sri Ashish Srivastava learned counsel for the respondent-landlord is present. None appears on behalf of the revisionist to press this revision. There is no illness slip on behalf of the counsel for the revisionist nor any request for adjournment has been made. This revision is accordingly dismissed for non prosecution. Interim order, already granted, if any, is vacated. No order is passed as to costs.";


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